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Pamela Manning v. Charles Randall Cothes, Individually and D/B/A McDonald's of Beeville, McDonald's 6798, McDonalds Corp. 042/0323

Court: Court of Appeals of Texas
Date filed: 2016-11-10
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                             NUMBER 13-16-00425-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

PAMELA MANNING,                                                                Appellant,

                                             v.

CHARLES RANDALL COTHES,
INDIVIDUALLY AND D/B/A
MCDONALD'S OF BEEVILLE,
MCDONALD'S #6798, MCDONALDS
CORP. 042/0323,                                    Appellees.
____________________________________________________________

              On appeal from the 36th District Court
                     of Bee County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
                   Before Justices Garza, Perkes, and Longoria
                        Memorandum Opinion Per Curiam

       The appellant’s brief in the above cause was due on September 19, 2016. On

October 3, 2016, the Clerk of the Court notified appellant that the brief had not been timely

filed and that the appeal was subject to dismissal for want of prosecution under Texas
Rule of Appellate Procedure 38.8(a)(1), unless within ten days from the date of receipt of

this letter, appellant reasonably explained the failure and the appellee was not

significantly injured by the appellant’s failure to timely file a brief. To date, no response

has been received from appellant.

       Appellant has failed to either reasonably explain the failure to file a brief, file a

motion for extension of time to file the brief, or file the brief. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 38.8(a), 42.3(b)(c).

                                                  PER CURIAM


Delivered and filed the
10th day of November, 2016.




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